Terms of Service
Welcome to ChatterTree! We hope you enjoy your visit, and find
that our service provides a quick and easy way for you to share your life with
your family and friends.
1. Acceptance of Terms
Before you begin setting up your ChatterTree (herein referred to
as “we”, “us”, or “ChatterTree”) account (herein referred to as “Account”),
please read the following Terms of Use (“Terms”) carefully. You can review the
most current version of the Terms at any time at:
http://www.chattertree.com/terms.html
When using particular ChatterTree owned or operated services,
you shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. These Terms govern your access
to and use of the ChatterTree service (“Service”). If you agree to these Terms,
and wish to use the Service, please click on the “sign-up” button. This will
constitute a binding agreement between you and ChatterTree. Your access to and
use of the Service are expressly conditioned on your compliance with these
Terms. Note that any violation of these Terms may result in termination of the
ChatterTree service to you.
ChatterTree reserves the right to change these Terms from time
to time. Please refer to this site periodically for any changes. By continuing
to access or use the Service after ChatterTree makes any such changes, you agree
to be bound by the revised Terms.
2. Description of Service
ChatterTree currently provides members with access to a number
of online resources for communicating with your family and friends. Features
such as journaling (blog), multimedia sharing, personal messaging, emergency
alert text messaging, shared calendars, event planning tools, profiles,
collaborative expression and privacy permissions. User created content such as
data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content") may reside on ChatterTree servers or on the servers
of a third party. Unless clearly stated otherwise, any new features added to the
current Service will be subject to these Terms.
You understand and agree that the Service may include
advertisements and that these advertisements are necessary for ChatterTree to
provide the Service. You also understand and agree that the Service may include
certain communications from ChatterTree, such as service announcements,
administrative messages and the ChatterTree Newsletter, and that these
communications are considered part of ChatterTree membership.
3. Your Registration Obligations
In order to use the ChatterTree Service, you must first register
with ChatterTree by completing the membership application. In consideration of
your use of the Service, you represent that you are of legal age to form a
binding contract and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or ChatterTree has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, ChatterTree has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof).
4. ChatterTree Privacy and Copyright Policies
Registration Data and certain other information about you are
subject to our Privacy Policy. For more information, see our full Privacy
Policy. You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information.
Please review our Copyright Dispute Policy if you believe that material or
content residing on or accessible through our website or Services infringes a
copyright. For any questions or comments concerning these policies, please send
email to the ChatterTree compliance
team.
5. Member Account, Password and Security
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify ChatterTree of abuse of any unauthorized use of
your password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. ChatterTree cannot and
will not be liable for any loss or damage arising from your failure to comply
with this Section 5. You must keep your password confidential so that no one
else may access the Service through your Account. Any commercial use of your
Account or the Service is prohibited. To notify ChatterTree of any abuse, please
send email to the ChatterTree abuse team.
6. Member Conduct
You understand that all Content, whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not ChatterTree, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. ChatterTree does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You also understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Should
Content be found or reported to be in violation of the following terms and
guidelines or any other provision of these Terms, it will be ChatterTree’ sole
discretion as to what action should be taken. To notify ChatterTree of any
abuse, please send email to the ChatterTree abuse team.
You agree to not use the Service to:
You acknowledge that ChatterTree may or may not pre-screen
Content, but that ChatterTree and its designees shall have the right (but not
the obligation) in their sole discretion to pre-screen, refuse, or move any
Content that is available via the Service. Without limiting the foregoing,
ChatterTree and its designees shall have the right to remove any Content that
violates the Terms or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
ChatterTree or submitted to ChatterTree, including without limitation
information in ChatterTree Community Areas, and in all other parts of the
Service.
You acknowledge, consent and agree that ChatterTree may access,
preserve, and disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the Terms;
(c) respond to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of ChatterTree, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set by
ChatterTree and/or content providers who provide content to the Service. You may
not attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
8. General Practices Regarding Use and Storage
ChatterTree may, from time to time, establish general practices
and limits ("Limits") concerning the use of the Service, including without
limitation: (a) maximum limits on storage space; (b) maximum limits on bandwidth
usage; and (c) maximum limits on the number of days that email messages, care
packages, ecards, photos or any other Content will be retained by ChatterTree.
Such Limits are set according to the level of Service for which you have
registered. If you exceed the Limits set forth for your Service level,
ChatterTree reserves the right, at its sole discretion, to: (i) delete Content
leading to the exceeding of such Limits; (ii) suspend your Account until you
have brought your Account within such Limits; or (iii) charge you for exceeding
such Limits under the terms set forth in the Fee schedule for your chosen level
of Service.
9. INDEMNITY
You agree to indemnify and hold ChatterTree, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service, your
connection to the Service, your violation of the Terms, or your violation of any
rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the Service (including
your ChatterTree I.D.), use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
ChatterTree reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that ChatterTree shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
12. TERMINATION
You agree that ChatterTree may, under certain circumstances
and without prior notice, immediately terminate your ChatterTree account,
any associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
the Terms or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, (g) you have engaged in fraudulent or
illegal activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Termination of your ChatterTree account includes (a) removal
of access to all offerings within the Service, (b) deletion of your password and
all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in ChatterTree'
sole discretion and that ChatterTree shall not be liable to you or any
third-party for any termination of your account, any associated email address,
or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that ChatterTree shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
14. PROPRIETARY RIGHTS
ChatterTree does not claim ownership of the Content you place on
your site ("Member Site") or that you upload, post, or otherwise transmit via
the Service. By submitting the Content to ChatterTree for inclusion on your
Member Site, you grant ChatterTree a world-wide, royalty-free, and non-exclusive
license: (i) to host, use, reproduce, modify, adapt, distribute, transmit, and
publicly display the Content on and through the Service; and (ii) to sublicense
to third parties such Content to the extent necessary for the creation and
maintenance of, in part or in whole, the Services. This license exists only for
so long as you continue to be a ChatterTree member, and will terminate when your
membership terminates. By submitting Content to ChatterTree, you warrant and
represent that you own or otherwise control the rights necessary to grant the
above licenses.
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content
contained in information presented to you through the Service is protected by
copyrights, trademarks, service marks, patents, or other proprietary rights and
laws. Except as expressly authorized by ChatterTree, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHATTERTREE SHALL NOT BE
LIABLE TO YOU FOR ANY AMOUNT IN EXCESS IN THE AGGREGATE OF THE FEES PAID BY YOU
FOR THE SERVICES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHATTERTREE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
17. FEES AND PAYMENT
Some of the Services require payment of fees. You shall pay all
applicable fees, as described on our website in connection with such Services
selected by you. We reserve the right to change our price list and to institute
new charges at any time, upon ten (10) days prior notice to you, which may be
sent by email or posted on our website. Use of the Services by you following
such notification constitutes your acceptance of any new or increased charges.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these
Terms, there shall be no third party beneficiaries to this Agreement.
19. NOTICE
ChatterTree may provide you with notices, including those
regarding changes to the Terms, either by email, regular mail, or postings on
the Service.
20. GENERAL INFORMATION
Entire Agreement. The Terms constitutes the entire
agreement between you and ChatterTree and governs your use of the Service,
superseding any prior agreements between you and ChatterTree with respect to the
Service. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other ChatterTree services, affiliate
services, third-party content, or third-party software.
Choice of Law and Forum. The Terms and the relationship
between you and ChatterTree shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and ChatterTree
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of
ChatterTree to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms
remain in full force and effect.
Statute of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and
have no legal or contractual effect.
Any questions regarding these Terms should be mailed to the
ChatterTree abuse team.